Terrance Miles v. Commonwealth of Kentucky
2015 SC 000321
| Ky. | Aug 23, 2017Background
- Terrance Miles was convicted of murder, first-degree wanton endangerment, tampering with physical evidence, and sentenced as a second-degree Persistent Felony Offender to 50 years; convictions were previously affirmed on direct appeal.
- Miles filed a pro se RCr 11.42 motion claiming ineffective assistance of trial counsel; the trial court held evidentiary hearings over several days and denied relief.
- The Court of Appeals reversed, finding counsel ineffective for (1) failing to object to Miles's nickname ("O.G."/"Original Gangster"), (2) failing to object to testimony about a gun found at Miles's residence, and (3) failing to object to hearsay/testimonial identification testimony by Detective Ashby.
- The Commonwealth sought discretionary review; the Supreme Court of Kentucky granted review and considered four of Miles's RCr 11.42 complaints (nickname, gun, hearsay/photo-ID, and failure to call Heather St. Clair).
- Applying Strickland prejudice analysis and deferential review of trial-court fact findings, the Supreme Court reversed the Court of Appeals and reinstated the trial court's denial of RCr 11.42 relief.
Issues
| Issue | Plaintiff's Argument (Miles) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Use of nickname "O.G./Original Gangster" | Nickname was prejudicial and counsel should have objected; its use improperly portrayed Miles as a criminal | Nickname use was isolated (three mentions) and admissible for motive/state of mind; any harm was de minimis | Not ineffective: no reasonable probability of different outcome (no prejudice) |
| Detective Ashby's testimony referring to a photo-ID by Reggie Burney (testimonial hearsay) | Testimony admitted out-of-court identification without confrontation; counsel should have objected and called Burney | Other eyewitnesses identified Miles independently; the contested testimony was not outcome-determinative | Not ineffective: no prejudice given corroborating eyewitness testimony |
| Discussion and projected photograph of an unrelated gun found at Miles's residence | References and display of gun (even if unrelated) prejudiced jury; counsel should have objected more vigorously | Trial court sustained objection to admitting photo into evidence; cross-examination established gun was unrelated, minimizing prejudice | Not ineffective: lack of prejudice; gun not admitted into evidence and jurors were repeatedly told it was unrelated |
| Failure to call Heather St. Clair (defense witness) | St. Clair would have contradicted Commonwealth witnesses about clothing/identification; counsel's omission was unreasonable | Decision not to call her was strategic: counsel thought her value diminished and testimony could conflict with defense theory | Not ineffective: calling witnesses is strategic choice; Miles did not prove deficiency or prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong standard requiring deficient performance and prejudice)
- Gall v. Commonwealth, 702 S.W.2d 37 (Ky. 1985) (Kentucky adoption of Strickland standard)
- Bell v. Cone, 535 U.S. 685 (2002) (strong presumption that counsel's conduct falls within wide range of reasonable professional assistance)
- Cullen v. Pinholster, 563 U.S. 170 (2011) (deference to strategic choices and limitations on ineffective-assistance review)
- Brown v. Commonwealth, 313 S.W.3d 577 (Ky. 2010) (cumulative-error principles)